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| Coalition and Greens to discuss Senate voting reforms – politics live | |
| (35 minutes later) | |
| 2.54am GMT | |
| 02:54 | |
| Thanks to News Ltd’s photographer Gary Ramage for a look at what Bowers does to get pictures to the blog. #filinginthesun | |
| The Guardian Australia's photographer at large Mike Bowers hard at work.@guardian @mpbowers pic.twitter.com/MWGu11BfKW | |
| Note Daniel Hurst in the background. | |
| 2.45am GMT | |
| 02:45 | |
| As I said that, Pacific island minister Steve Ciobo has appeared. | |
| What’s clear from today’s decision that the High Court has effectively endorsed the government’s position, we know that we’re acting within the bounds of the constitution. | |
| 2.43am GMT | |
| 02:43 | |
| And from Richard Marles, opposition immigration spokesman, a statement on the High Court ruling: | |
| Following today’s High Court decision on offshore processing, the Turnbull Government must immediately secure proper third country settlement options for refugees. | |
| The Abbott/Turnbull Government has failed abysmally in securing any meaningful resettlement plan with a viable third country, instead wasting $55 million on a botched deal with Cambodia that has resettled only 3 people. | |
| Over the last 24 months, media have also reported the Government has held talks to resettle refugees with the countries of Philippines and Kyrgyzstan. | |
| All the while, people have been left to languish in processing centres without any certainty for their future. | |
| There needs to be a credible third country option to resolve the fate of these people. If Peter Dutton is unable to negotiate such a plan, Mr Turnbull or Ms Bishop must personally intervene. | |
| Nothing yet on the ruling from the government. | |
| 2.41am GMT | |
| 02:41 | |
| Deputy Labor leader Tanya Plibersek tells ABC 24 that Labor has had discussions with Australia’s neighbours over a regional solution. | |
| Q: Would you seek to revive a deal with Malaysia? | |
| We would be talking to all of our neighbours to ensure we have a regional approach. | |
| 2.24am GMT | |
| 02:24 | |
| This is an interesting thing to note, via Greens senator Larissa Waters. | |
| The Senate notes that: | |
| a) It has been over 150 days since the term of former Sex Discrimination Commissioner Elizabeth Broderick stepped down at the end of her term. | |
| b) During that time, there have been multiple of high-profile examples of sexism and sexual harassment | |
| c) In October 2015 the Attorney General told a Senate Committee that the selection process to appoint the next Sex Discrimination Commissioner had been under way for “some months”. | |
| d) There is no longer a full-time Disability Discrimination Commissioner | |
| 2. The Senate calls on the federal Government to appoint a female full-time Sex Discrimination Commissioner without delay. | |
| 2.20am GMT | |
| 02:20 | |
| Updated | |
| at 2.44am GMT | |
| 2.19am GMT | 2.19am GMT |
| 02:19 | 02:19 |
| Richard Di Natale is speaking on the high court ruling. He says it a moral question, rather than a legal question. | |
| He concedes there are challenges with the movement of people around the world. | He concedes there are challenges with the movement of people around the world. |
| We can’t argue we don’t know what is happening now ... we are hearing from those brave medical professionals who are facing punishment ... who are speaking out about what is happening in our detention centres. | |
| The question now is for the prime minister who promised with his election we would see a new page in Aus history ... this is happening under his watch ... this detention network is a mental illness factory. | |
| He wants to PM to agree that children should never be detained. | He wants to PM to agree that children should never be detained. |
| Updated | |
| at 2.23am GMT | |
| 2.10am GMT | 2.10am GMT |
| 02:10 | 02:10 |
| Michaelia Cash would appear to be just having a swipe at Labor’s Brendan O’Connor. | Michaelia Cash would appear to be just having a swipe at Labor’s Brendan O’Connor. |
| Updated | Updated |
| at 2.12am GMT | at 2.12am GMT |
| 2.02am GMT | 2.02am GMT |
| 02:02 | 02:02 |
| Albo hanging with his crew. | Albo hanging with his crew. |
| The Maritime Union of Australia is in town to protest the scrapping of the MV Portland and the use of foreign crew by owner Alcoa. | The Maritime Union of Australia is in town to protest the scrapping of the MV Portland and the use of foreign crew by owner Alcoa. |
| Updated | Updated |
| at 2.12am GMT | at 2.12am GMT |
| 1.57am GMT | 1.57am GMT |
| 01:57 | 01:57 |
| The employment minister, Michaelia Cash, is coming up at 1pm on the ABCC. Compromise? | The employment minister, Michaelia Cash, is coming up at 1pm on the ABCC. Compromise? |
| Updated | Updated |
| at 2.06am GMT | at 2.06am GMT |
| 1.55am GMT | 1.55am GMT |
| 01:55 | 01:55 |
| From Bowers at the high court. | From Bowers at the high court. |
| Updated | Updated |
| at 2.03am GMT | at 2.03am GMT |
| 1.50am GMT | 1.50am GMT |
| 01:50 | 01:50 |
| The other thing Dreyfus did before the high court judgment was express his horror at the time spent in detention by women and children. He called for the government to do more – notwithstanding Labor’s establishment of Manus and reinstitution of offshore detention centres. (The policy area has been ratcheted up by both Labor and the Coalition over the past four governments.) | The other thing Dreyfus did before the high court judgment was express his horror at the time spent in detention by women and children. He called for the government to do more – notwithstanding Labor’s establishment of Manus and reinstitution of offshore detention centres. (The policy area has been ratcheted up by both Labor and the Coalition over the past four governments.) |
| This was the exchange between Michael Brissenden and Dreyfus this morning. | This was the exchange between Michael Brissenden and Dreyfus this morning. |
| Q: So do you think the policy should be overturned? | Q: So do you think the policy should be overturned? |
| The policy has been instrumental in bringing the flow of refugees to Australia by boat to an end. | The policy has been instrumental in bringing the flow of refugees to Australia by boat to an end. |
| Q: But do you believe it’s time to overturn the policy? | Q: But do you believe it’s time to overturn the policy? |
| We did not envisage, when we introduced this policy, that two and half years on you would have more than 1,000 men, women and children languishing in indefinite detention. It is time for the government to do a great deal more to end the dreadful circumstances in which these men women and children - | We did not envisage, when we introduced this policy, that two and half years on you would have more than 1,000 men, women and children languishing in indefinite detention. It is time for the government to do a great deal more to end the dreadful circumstances in which these men women and children - |
| Q: Is it time to end offshore detention? | Q: Is it time to end offshore detention? |
| I don’t think it’s necessary to say that, that it is time to end that policy. What does need to be done is that the government’s got to do a great deal more so that we don’t have people in this situation. Two and a half years is an eternity, particularly for children and this present situation can’t be allowed to continue. | I don’t think it’s necessary to say that, that it is time to end that policy. What does need to be done is that the government’s got to do a great deal more so that we don’t have people in this situation. Two and a half years is an eternity, particularly for children and this present situation can’t be allowed to continue. |
| Updated | Updated |
| at 2.02am GMT | at 2.02am GMT |
| 1.43am GMT | 1.43am GMT |
| 01:43 | 01:43 |
| Just picking up on some comments by Labor’s shadow attorney general, Mark Dreyfus, on the Senate reform. Just for background, Lenore Taylor did a story last year, which sums up the history. This is the Labor position today, enunciated by Dreyfus. | Just picking up on some comments by Labor’s shadow attorney general, Mark Dreyfus, on the Senate reform. Just for background, Lenore Taylor did a story last year, which sums up the history. This is the Labor position today, enunciated by Dreyfus. |
| The opposition is talking with the government and we are talking among ourselves as to what is the right way to reform Senate voting processes. We are not in government, it’s a matter for the government to put forward that proposal, we are hoping that occurs soon. | The opposition is talking with the government and we are talking among ourselves as to what is the right way to reform Senate voting processes. We are not in government, it’s a matter for the government to put forward that proposal, we are hoping that occurs soon. |
| Updated | Updated |
| at 1.48am GMT | at 1.48am GMT |
| 1.38am GMT | 1.38am GMT |
| 01:38 | 01:38 |
| Lunchtime politics | Lunchtime politics |
| Updated | Updated |
| at 1.40am GMT | at 1.40am GMT |
| 1.23am GMT | 1.23am GMT |
| 01:23 | 01:23 |
| While you are digesting the high court ruling, there was a bill that passed the house yesterday that Shalailah Medhora reported on here. | While you are digesting the high court ruling, there was a bill that passed the house yesterday that Shalailah Medhora reported on here. |
| The bill would make it easier for Australia to return people if they were deemed eligible for “behaviour modification” to reduce the harm they might face in their home countries. | The bill would make it easier for Australia to return people if they were deemed eligible for “behaviour modification” to reduce the harm they might face in their home countries. |
| Some of the examples used include being charged in their home country for drinking alcohol. In that case, the government could argue that an asylum seeker could simply not drink and return to their country safely. Then it comes down to the definition of behaviour modification. Would a LGBTI person be told their behaviour could be modified? | Some of the examples used include being charged in their home country for drinking alcohol. In that case, the government could argue that an asylum seeker could simply not drink and return to their country safely. Then it comes down to the definition of behaviour modification. Would a LGBTI person be told their behaviour could be modified? |
| Labor’s Andrew Giles spoke on the bill in the house and described the provision “a terribly Orwellian concept”. | Labor’s Andrew Giles spoke on the bill in the house and described the provision “a terribly Orwellian concept”. |
| Updated | Updated |
| at 1.25am GMT | at 1.25am GMT |
| 1.01am GMT | 1.01am GMT |
| 01:01 | 01:01 |
| The Nationals senator Keith Pitt is speaking for the ABCC bill, saying he has seen it all as a former member of the building industry. | The Nationals senator Keith Pitt is speaking for the ABCC bill, saying he has seen it all as a former member of the building industry. |
| He said he has seen toolboxes filled with glue, lockers welded shut and tyres let down because people didn’t agree with the union. | He said he has seen toolboxes filled with glue, lockers welded shut and tyres let down because people didn’t agree with the union. |
| I have seen all of it and it is absolutely appalling. | I have seen all of it and it is absolutely appalling. |
| Updated | Updated |
| at 1.23am GMT | at 1.23am GMT |
| 12.58am GMT | 12.58am GMT |
| 00:58 | 00:58 |
| Greens MP Adam Bandt is just moving an amendment for a national corruption body. This is what he wants to do to the building watchdog bill: | Greens MP Adam Bandt is just moving an amendment for a national corruption body. This is what he wants to do to the building watchdog bill: |
| The house declines to give the bill a second reading because the objective of dealing with alleged wrongdoing in Australian society would be better achieved by establishing a broad-based national anti-corruption watchdog. | The house declines to give the bill a second reading because the objective of dealing with alleged wrongdoing in Australian society would be better achieved by establishing a broad-based national anti-corruption watchdog. |
| It has been seconded by the Tassie independent MP Andrew Wilkie. | It has been seconded by the Tassie independent MP Andrew Wilkie. |
| Updated | Updated |
| at 1.23am GMT | at 1.23am GMT |
| 12.53am GMT | 12.53am GMT |
| 00:53 | 00:53 |
| Greens MP Adam Bandt: | Greens MP Adam Bandt: |
| If you really want to tackle (corruption), what we will have instead is an anti-corruption watchdog. If there is wrongdoing in the building industry, they will find it. And if there is corruption elsewhere, they will find it too. | If you really want to tackle (corruption), what we will have instead is an anti-corruption watchdog. If there is wrongdoing in the building industry, they will find it. And if there is corruption elsewhere, they will find it too. |
| Updated | Updated |
| at 1.23am GMT | at 1.23am GMT |
| 12.47am GMT | 12.47am GMT |
| 00:47 | 00:47 |
| The lawyer responsible for the high court case, Daniel Webb, is speaking to the media. He will not foreshadow further legal steps but appeals on moral grounds to the government to allow the babies and their families to stay in Australia. | The lawyer responsible for the high court case, Daniel Webb, is speaking to the media. He will not foreshadow further legal steps but appeals on moral grounds to the government to allow the babies and their families to stay in Australia. |
| Updated | Updated |
| at 1.22am GMT | at 1.22am GMT |
| 12.44am GMT | 12.44am GMT |
| 00:44 | 00:44 |
| The refugee coordinator of Amnesty International Australia, Dr Graham Thom, reacts to the high court ruling: | The refugee coordinator of Amnesty International Australia, Dr Graham Thom, reacts to the high court ruling: |
| Despite the high court decision in this case, Amnesty International calls on Prime Minister Turnbull to do the right thing and permanently close the centre on Nauru and relocate the asylum seekers held there into our community. | Despite the high court decision in this case, Amnesty International calls on Prime Minister Turnbull to do the right thing and permanently close the centre on Nauru and relocate the asylum seekers held there into our community. |
| Updated | Updated |
| at 1.22am GMT | at 1.22am GMT |
| 12.40am GMT | 12.40am GMT |
| 00:40 | 00:40 |
| Ben Doherty | Ben Doherty |
| Regardless of the high court’s decision, Australia is under no legal compulsion to return the 267 asylum seekers to Nauru. | Regardless of the high court’s decision, Australia is under no legal compulsion to return the 267 asylum seekers to Nauru. |
| The chief technical adviser of UNICEF Australia, Amy Lamoin, said Nauru was ill-equipped to assist refugees. Maintaining the offshore detention centre would “place undue stress on Nauru’s developing social and welfare systems” and take resources from Nauruan children, she said. | The chief technical adviser of UNICEF Australia, Amy Lamoin, said Nauru was ill-equipped to assist refugees. Maintaining the offshore detention centre would “place undue stress on Nauru’s developing social and welfare systems” and take resources from Nauruan children, she said. |
| It’s unreasonable for the Australian government to shift this responsibility to one of its nearest neighbours. Nauru is a developing nation working to improve the education, child health and child protection outcomes for its own children. The additional pressure of Australia’s offshore detention program shifts our responsibility onto a developing country with its own existing needs. | It’s unreasonable for the Australian government to shift this responsibility to one of its nearest neighbours. Nauru is a developing nation working to improve the education, child health and child protection outcomes for its own children. The additional pressure of Australia’s offshore detention program shifts our responsibility onto a developing country with its own existing needs. |
| Lamoin said the most vulnerable children and families must be allowed to stay in Australia. | Lamoin said the most vulnerable children and families must be allowed to stay in Australia. |
| We cannot disrupt children and parents’ recovery processes and we cannot return them to a situation where they may experience serious harm. | We cannot disrupt children and parents’ recovery processes and we cannot return them to a situation where they may experience serious harm. |
| Updated | Updated |
| at 1.21am GMT | at 1.21am GMT |
| 12.36am GMT | 12.36am GMT |
| 00:36 | 00:36 |
| Ben Doherty | Ben Doherty |
| Save the Children’s Lee Gordon, who directed the charity’s child protection, welfare, education and recreation programs at Nauru for nearly two years, said the Australian government’s own inquiries into Nauru had found it was unsafe for children and vulnerable people. | Save the Children’s Lee Gordon, who directed the charity’s child protection, welfare, education and recreation programs at Nauru for nearly two years, said the Australian government’s own inquiries into Nauru had found it was unsafe for children and vulnerable people. |
| I know from experience the devastating psychological and physical harm that is caused to asylum seekers and refugees living on Nauru. While families seeking asylum on Nauru now have freedom of movement their lives are in still limbo. | I know from experience the devastating psychological and physical harm that is caused to asylum seekers and refugees living on Nauru. While families seeking asylum on Nauru now have freedom of movement their lives are in still limbo. |
| Gordon said the Australian government should quickly process the asylum claims on those impacted by today’s high court ruling. If found have valid protection claims, he said, they should be offered protection in Australia. | Gordon said the Australian government should quickly process the asylum claims on those impacted by today’s high court ruling. If found have valid protection claims, he said, they should be offered protection in Australia. |
| Updated | Updated |
| at 1.19am GMT | at 1.19am GMT |
| 12.35am GMT | 12.35am GMT |
| 00:35 | 00:35 |
| The Greens MP Adam Bandt will try to amend the ABCC bill, calling for the house to instead establish a broad-based national anti-corruption watchdog. | The Greens MP Adam Bandt will try to amend the ABCC bill, calling for the house to instead establish a broad-based national anti-corruption watchdog. |
| The Greens have tried to do this in the past three parliaments with no support from the majors. It has support amongst the crossbenchers but, without one of the major parties, it has no hope. | The Greens have tried to do this in the past three parliaments with no support from the majors. It has support amongst the crossbenchers but, without one of the major parties, it has no hope. |
| Updated | Updated |
| at 1.18am GMT | at 1.18am GMT |
| 12.32am GMT | 12.32am GMT |
| 00:32 | 00:32 |
| In the house, the ABCC bill debate continues. The assistant treasurer and small business minister, Kelly O’Dwyer, is coming up at the press club. | In the house, the ABCC bill debate continues. The assistant treasurer and small business minister, Kelly O’Dwyer, is coming up at the press club. |
| Updated | Updated |
| at 1.16am GMT | at 1.16am GMT |
| 12.14am GMT | 12.14am GMT |
| 00:14 | 00:14 |
| Greens senator Sarah Hanson-Young has described the high court ruling as the first test for Malcolm Turnbull. | Greens senator Sarah Hanson-Young has described the high court ruling as the first test for Malcolm Turnbull. |
| Sending these children to Nauru would be child abuse and Malcolm Turnbull needs to decide whether he is willing to authorise that. The evidence is clear and it’s undeniable that Nauru is unsafe for women and children and sending them back would be torture. | Sending these children to Nauru would be child abuse and Malcolm Turnbull needs to decide whether he is willing to authorise that. The evidence is clear and it’s undeniable that Nauru is unsafe for women and children and sending them back would be torture. |
| Keeping families on Nauru is untenable and we need to find a better way to protect people who are seeking asylum. We must create a fair and efficient system that will bring people here safely and integrate them into the community, so that their families can flourish. | Keeping families on Nauru is untenable and we need to find a better way to protect people who are seeking asylum. We must create a fair and efficient system that will bring people here safely and integrate them into the community, so that their families can flourish. |
| Updated | Updated |
| at 1.15am GMT | at 1.15am GMT |
| 12.10am GMT | 12.10am GMT |
| 00:10 | 00:10 |
| Individual high court asylum seeker findings | Individual high court asylum seeker findings |
| The main orders were written by justices French, Kiefel and Nettle. | The main orders were written by justices French, Kiefel and Nettle. |
| Bell then agreed with the answers to the questions of law. | Bell then agreed with the answers to the questions of law. |
| Gageler agreed with the substantive answers to the questions, while noting that “the plaintiff’s central claim (that the commonwealth and the minister acted beyond the executive power of the commonwealth by procuring and enforcing her detention at the regional processing centre between 24 March 2014 and 2 August 2014) to have been well-founded until 30 June 2015, when s198AHA was inserted with retrospective effect”. | Gageler agreed with the substantive answers to the questions, while noting that “the plaintiff’s central claim (that the commonwealth and the minister acted beyond the executive power of the commonwealth by procuring and enforcing her detention at the regional processing centre between 24 March 2014 and 2 August 2014) to have been well-founded until 30 June 2015, when s198AHA was inserted with retrospective effect”. |
| Keane also found 198AHA was a valid law of the commonwealth. | Keane also found 198AHA was a valid law of the commonwealth. |
| Gordon believed 198AHA was “beyond power and therefore invalid”. | Gordon believed 198AHA was “beyond power and therefore invalid”. |
| (It would seem section 198AHA made the big difference to the government’s case.) | (It would seem section 198AHA made the big difference to the government’s case.) |
| Updated | Updated |
| at 1.14am GMT | at 1.14am GMT |
| 12.06am GMT | 12.06am GMT |
| 00:06 | 00:06 |
| #Auspol @TurnbullMalcolm we will not support a government that does evil. #AsylumSeekers #Nauru pic.twitter.com/7wTjHcwU3c | #Auspol @TurnbullMalcolm we will not support a government that does evil. #AsylumSeekers #Nauru pic.twitter.com/7wTjHcwU3c |
| 12.06am GMT | 12.06am GMT |
| 00:06 | 00:06 |
| The judgment talks about section 198AHA, which is the part of the Migration Act that was added retrospectively in June last year with support from both major parties. | The judgment talks about section 198AHA, which is the part of the Migration Act that was added retrospectively in June last year with support from both major parties. |
| This bipartisan change was made after the case had been initiated in order to shore up Australia’s legal position. I remember at the time it was last minute rush for legislation just before the winter recess. | This bipartisan change was made after the case had been initiated in order to shore up Australia’s legal position. I remember at the time it was last minute rush for legislation just before the winter recess. |
| Here is Shalailah’s story at the time: | Here is Shalailah’s story at the time: |
| The Coalition and Labor are contemplating an urgent legislative solution to a high court challenge that could potentially derail all offshore detention policies. | The Coalition and Labor are contemplating an urgent legislative solution to a high court challenge that could potentially derail all offshore detention policies. |
| Labor convened a special caucus meeting on Wednesday morning to work out how best to react to the case. It supports changes to the Migration Act to fortify offshore processing. The Greens do not support it, but their votes are not needed to pass the legislation since it has the support of both major parties. | Labor convened a special caucus meeting on Wednesday morning to work out how best to react to the case. It supports changes to the Migration Act to fortify offshore processing. The Greens do not support it, but their votes are not needed to pass the legislation since it has the support of both major parties. |
| This is who voted for and against: | This is who voted for and against: |
| A bill aimed at closing a loophole that leaves Australia’s offshore processing system vulnerable to high court challenges has passed the Senate. | A bill aimed at closing a loophole that leaves Australia’s offshore processing system vulnerable to high court challenges has passed the Senate. |
| The bill passed the Senate on Thursday night 41 votes to 15. Crossbenchers Nick Xenophon, John Madigan and Bob Day joined with the Coalition and Labor to support the bill. The Greens, Jacqui Lambie, David Leyonhjelm, Ricky Muir, Dio Wang and Glenn Lazarus voted against it. | The bill passed the Senate on Thursday night 41 votes to 15. Crossbenchers Nick Xenophon, John Madigan and Bob Day joined with the Coalition and Labor to support the bill. The Greens, Jacqui Lambie, David Leyonhjelm, Ricky Muir, Dio Wang and Glenn Lazarus voted against it. |
| Updated | Updated |
| at 1.13am GMT | at 1.13am GMT |